Full Citation
Permanent Link: http://ufdc.ufl.edu/UF00050873/00001
 Material Information
Alternate Title: Chap. 59-1002, Laws of Fla. 1959, House Bill 1212. SOUTHWEST FLORIDA WATER CONSERVATION DISTRICT repealed and creating PEACE RIVER VALLEY WATER CONSERVATION AND DRAINAGE DISTRICT with provision for a governing board and authorizing tax levy.
Physical Description: Book
Language: English
Publication Date: July 1, 1959
Spatial Coverage: North America -- United States of America -- Florida
General Note: Box 2, Folder 1A ( SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT (Regulatory), Folder 1 ), Item 53
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: UF00050873
Volume ID: VID00001
Source Institution: University of Florida
Holding Location: Levin College of Law, University of Florida
Rights Management: All rights reserved by the source institution and holding location.

Full Text


CHAPTER 59-1002 1,16
... ~ ~ ~ ~ ~ 5 1963,-, ~ :: .LF

:AN ACT relating toSouthTEst orid er Conservation Dis- 6O Aed 1
trict composed of Hardee, DeSoto, Manatee, Sarasota, Polk, poriuntedl
~~Highlands and Charlotte Counties; repealing said District and nube
creating the Peace River Valley Water Conservation and Drain- aserets
:; ag~~e Ditrc in rd e ie o o and Ch rotte Coun ties, ad part t eo c :
CH E 5e($1,000.00
-5:~..u;. :;~SENATE BILL NO. 1212s '

theorizing a tax levy; superseding the existing Southwest Florida ditioned Di
Water Conservation District created by Chapter 57-925; repeal-
Hing Chapter 57-925; providing an effective date. thext adc

::'." IBeSIt Enacted by etrhe Legielrature corf the State eFlerida: Vle addiioa
:.iSeto hr s eeycreating the Peace River ValleyWaeCosrtinndD i-

-.- Water Conservation and Drainage District, a part of the original Each mep n
Southwest Florida Water Conservation District, which shall be a he may bC9
public corporation and shall comprise e a e area of that performi
part of Polk County not included in the Central and Southern be made
Florida Flood Control District and all of Hardee DeSoto, and authorize<
:Charlotte counties. 112.061,

Section 2. The purpose of the district is to develop plans, pro- Section
grams, and plan works relating to any phase of conservation of pirate, in,
ground and surface water resources, water usage, water storage, to adopt
i siltation, salt water intrusion, flood prevention, drainage and flood transfer, a_
.,. I control; to effect the maximum beneficial utilization, development, ties and e<
i ;:;i 'and conservation of the water resources of the district in the best curred in
:::iinterest of all its people; and to minimize waste and unreasonable point or a
'. use of water resources. The words "plan" and "planning" as used in director,
I. :,lthis act shall include, but not be limited to, any complete and de- ployees,a
I: tailed engineering study made by any governmental engineering quire, and
:i i agency or by any private engineering person, firm or corporation, require at
i ': ISection 3. The governing board of the district shall consist of upon the
I fouror (4) members, each member to be appointed by the county board ma>
! commission of the county wherein he resides. Each member shall be proper ex
Sits resolute
" ia bona fide resident of the State of Florida for two (2) years and.
"'i a ~~resident of his county for one (1) year next prior to his appoint- ofiia .c
meant, and shall be a qualified elector of the county in which he to inspect
.resides. The members shall be appointed as follows: One (1) mem- Section
ber each from Polk and Charlotte counties to serve until October may:
: :i '648
crti. th eceRvrValyWt. osrvto ndDan

as nert

15, 1963, one (1) member from DeSoto county to serve until
October 15, 1962, and one (1) member from Hardee county to serve
Until October 15, 1961. Thereafter, one (1) member shall be ap-
rvation Dis- pointed from each of the counties to serve for a four (4) year term
aMsota, Polk, por until his successor is appointed and qualified. One (1) of their
District and
Dsrct an number shall serve as chairman, one (1) as vice-chairman, one (1)
Sand Drain- as secretary, and one (1) as treasurer of the board, provided that
les, and part the offices of secretary and treasurer may be combined. Each mem-
,viding for a ber shall give a surety bond in the sum of one thousand dollars
i duties; au- ($1,000.00), payable to the board of county commissioners, con-
w.est Iorida ditioned upon the faithful performance of his duties as a member of
-925; eal- the board, and the cost thereof shall be a necessary and proper
expense of the district. The treasurer shall in like manner give an
a: additional surety bond in the amount of twenty-five hundred dol-
tiver Valley lars ($2,500.00) or such larger amount as the board may determine.
the original Each member of the board shall serve without compensation, but
h shall be a he may be paid his actual travel expense reasonably incurred while
area of that performing his duties as a member, provided that no payment shall
id Southern be made until approved by the board. Travel expense shall be as
)eSoto, and authorized by law for state officers and employees under section
112.061, Florida Statutes.

> plans, pro- Section 4. The district shall have the powers of a body cor-
servation of porate, including the power to sue and be sued, to make contracts,
iter storage, to adopt a common or corporate seal, to own, rent, lease, sell,
:'0 and flood transfer, and convey personal property, to rent or lease office facili-
evelopment, ties and equipment, and to pay all costs and expenses reasonably in-
in the best curred in carrying out the purposes of this act. The board may ap-
nreasonable point or employ, and may dismiss at its pleasure, an executive
" as used in director, engineers, accountants, auditors, attorneys, and other em-
ete and de- ployees, agents, or professional consultants as the board may re-
engineering quire, and may fix and pay the compensation thereof. The board may
corporation, require any officer or employee to give a surety bond conditioned
ii co"-" t of upon the faithful performance of his duties in such amount as the
the county board may determine, and the cost thereof shall be a necessary and
her shall be proper expense of the district. The district shall keep a record of
I years and its resolutions, proceedings, certificates, minutes of meetings, and
,is appoint- official acts, and such record shall at all reasonable times be open
I which he to inspection by any citizen of the state or taxpayer in the district.
* (1) mem- Section 5. To carry out the purposes of this act, the district
.!':: . . . .. .. ., .. :, % /. .. .
~~~~~ ,-:: -. .-.. .. "



(1) Make studies, investigations, and plans for the conservation, to
development, control, disposal, and utilization of the grounds and th.
surface water resources within the district. o -
(2) Plan a system of works to protect the inhabitants, the land, "c
and other property within the district from the effects of a surplus
or a deficiency of water when the protection will be beneficial to
the public health, welfare, safety, or utility.
(3) Plan for construction, operation, and plan canals, levees, ce
dikes, dams, sluiceways, reservoirs, holding basins, floodways, of
pumping stations, bridges, buildings, drains, pipe lines, water
gauges, and any other works, structures, and facilities necessary to '
carry out the purposes of this act. c.
(4) Plans to improve waterways, including lakes, rivers,
streams, ditches, and canals, by opening such waterways and by L
clearing them of logs and other obstructions, including water hya-
cinths and other disagreeable and obnoxious vegetation.
(5) Clean out the course of any waterway, natural or artificial.
(6) Enter into cooperative agreements and commitments with
the United States and any department, instrumentality, and agency
thereof, and with any department, instrumentality, agency, com-
mission, board, authority, county, municipality, water management
i district, water conservation district, water supply district, flood
..i ~control district, irrigation district, drainage district, erosion pre- '
vention district, and soil conservation district of the state, with re-
~~~spect to any project or program for water conservation, watershed '=-=
~protection, flood prevention, flood control, navigation, and other-
wise for carrying out the purposes of this act.
: (7) Acquire by donation, such land, easements, rights of way,
i ~property, and property rights as may be reasonably necessary for '"
i ~carrying out the purposes of this act.
:i Section 6. To raise funds for carrying out the purposes of this
I act, the governing board may levy annually a uniform ad valorem
- --: : tax not to exceed one-fifth (1/5) of one (1) mill per dollar on the
i assessed valuation of all real and personal property in the district,
I beginning in 1959. On or before July 15 of each year, beginning in
., 1959, the board shall certify to the board of county commissioners
~and the tax assessor of each county in the district the tax rate
". .,:.::':650
.f c

,,-- hlk otdis -:e tiaio s .n -..n -o .h .o s r ain .'... o ..
.e eop e t .:.rol :..:.al -n .tlz to .f .h .,.,oth
su f c ae .s u c sw t i t.: ... .. ... -., :,- L.!
..~cc .. .

..e _..li ,elh ,efae :.fty .r ..liy .' o
.3 .la fo .... ..ion .pr ti n ... -..n ,a s .-,.s ...
..... .... .i e, .... .. .. .. ... ... _, h .:..- j ... ..s -. -.: y s .. i; .! '- : .. .

A'LI ,. .-- : : .: , -sit

rvtion to be applied in determining the amount of the annual tax, and
.. .. .. .. ..7

irplus the taxes so collected to the district. The tax shall be alien and
l'cal ,d shall be enforceable in the same manner as for county taxes.
SNeither county taxes nor district taxes may be paid nor tax sale
certificates therefor redeemed without the pay meant or redemption

wtheys, f both.ard of county commissionersThe tax assessor, and tax collector, and clerk of the circuit
water court of each county within the district shall causebe entitledthe tax to com-be assessed and
rcoll pensation thfor services pmannerformed at the same tisames, rates as applyubject to tohe
i~e ladsame exemptions as for county taxes. The tax collector shall remit
rpd bys the taxes so collected to the district. The tax shall be a lien and
municipashall be enforceable in the same manner as for county taxes.
,Neither county taxes nor district taxes may be paid nor tax sale
ts with govcertificates therefore redeemed without the payment or redemption
Iancys, of both. The tax assessor, tax collector, and clerk of the circuit
contr court of each county within the district shall be entitled to com-
.,slr. pensation for services performed at the same rates as apply to
county taxes.

rivers, Section 7. The several counties and municipalities within the
anflood by district may cooperate with the district by engaging in water de-
pr hya- development and cnsed ration projects and may use county and
municipal funds and equipment for this purpose. The several coun-
rtificial, ties and municipalities within the district may grant funds to the
district upon such terms and conditions as are agreeable to the
tss with governing bodies thereof, whenever necessary or useful in carrying
agency out the purposes of this act. The trustees of the internal improve-
C.omco- ment fund and any department, instrumentality, agency, commis-
Svaynent sion, board, authority, county municipality, or district of the state
flood may transfer to or permit the use of by the district any real and
Sfopr- personal property and property rights, upon such terms and con-
diSections as are agreeable to the governing board of consth erofvation, thever

'.loredn count unnecessary or chaptusefu l in c arrying out the purposes of this act.utes.
on the Section 10. The district created cooperate with theall statucceed to allof
.strict, anthe duties, functions, asses, knobligations, and liabilta with respe oft the dis-
r for z ation anted conservby chapter 57-925, Acts of 1957, except as hereinter.
Sone r s limited by this act and the presently appointed, qualified and acting, the
ax rate governing board of that district shall continue to servefor assistance from the flood control ac-


',".. ; :':: : r
,. .. ... .. .. ... ... .;:.


earning board of this district until such time as the governing board j SS
is appointed and qualified in accordance with this act. in
Section 11. The provisions of this act shall be liberally con-
strued so as to conform to and implement the declared water policy
of this state as set forth in section 1, chapter 29748, Acts of 1955. -
Section 12. It is declared to be the legislative intent that if any
section, subsection, sentence, clause, or provision of this act is
held invalid, the remainder of the act shall not be affected.
Section 13. Chapter 57-925, Acts of 1957, is repealed.
Section 14. This act shall be effective July 1i 1959.
Approved by the Governor June 17, 1959.
Filed in Office Secretary of State June 18, 1959.

CHAPTER 59-1003
bi AN ACT designating certain lands heretofore designated "Fort
Gadsden State Park" as "Fort Gadsden Historic Memorial," said
i lands being in Franklin County, Florida, and providing an ef-
fective date. -
iBe It Enacted by the Legislature of the State of Florida:
|' Section 1., Certain land hereinafter described and heretofore .
"designated as the "Fort Gadsden State Park" in the appropriations
bill enacted by this legislature in this session is hereby designated
as "Fort Gadsden Historic Memorial" and the state road depart-
b ment is directed to place suitable signs so indicating to the traveling
Public and to do all things necessary to make the said area reflect
credit to the great state of Florida. This land is a parcel of land,
lying and situated in Franklin county, Florida, more particularly .i
described as follows, to wit:
The south half of Section 23, Township 6 South, Range 8
West, lying east of the Apalachicola river, also that part of
Section 26, Township 6 south, Range 8 West, lying east of the
Apalachicola river and North of Fort Gadsden Creek, all lands
lying within Franklin county, Florida.

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